debt letters for old debt

blind-as-a-bat_2

correct, but even if they can prove the debt is owed, as you know, as long as you have not aknowledged the debt, by payment, or in writing, since 2002, they wont stand a chance if they take it to court.

You could report them to the OFT, but they wont act on individual cases, you would need to go through trading standards who may get them to back down.

I_know_my_ABC_and_my_CMYK

helenaw wrote: »

See regardless of this is it not the case that should provide me with a copy of the bill that they are chasing me for?

They are threating me with legal action, but how can they take me to court for £147 for something that they can provide a bill for.

I am intitled to disputed until they can proof otherwise

Read the letter again. Does it say we MAY take you to court or we WILL take you to court. These letters are designed to frighten you into paying up without questioning he debt. In order to take you to court they have to prove you owe the debt and if they cannot produce a credit agreement which you signed they don't have a legal leg to stand on, providing you dispute it.

Isn't it 5 years in Scotland and 6 years in England for statue barred debts?

Tinytim

I_know_my_ABC_and_my_CMYK wrote: »

Isn't it 5 years in Scotland and 6 years in England for statue barred debts?

That is my understanding too...at least the six years in England is

helenaw

which is fine for one of these companies but the other company that is chasing me for the same debt is saying that the contact was taken out in 2002 and end in 2007. However they too cannot provide me with a bill, they are insisting that i would have got this from Orange. Surely i would have been chased by Orange at the time.

fiveyearplan

If it is as recent at 207, they should have no trouble providing you with the information you have requested. Ask them if they would pay a bill they knew nothing about.

helenaw

Thats what i did say to her on the phone and she said that she keeps tracks of all the debt that she owes. She said that all she can provide me with is the mobile number and where i purchased it from. Which is not got enough for me.

I_know_my_ABC_and_my_CMYK

If you are being chased for a debt by law the company chasing you has to prove you owe it if you request proof.

never-in-doubt

helenaw wrote: »

Not to sure how this all works but here goes,I am currently been chased for a debt going back to 2002.
Helena

Hiya,

They are breaking the law. The Limitations Act protects you, this is now statute barred.

I suggest you send this letter and ensure you do it recorded. If they pursue you any further seek legal advice and you'll have them over a barrel - or just do what the letter says and report them appropriately. Either way, you do not owe a penny and if they attempt to bully you and/or actually take any money from you they have broken the law in a very very severe way and would be punished hard by the governing bodies.

Send the following:

Statute Barred Letter (Scotland only)

Dear Sirs,

Re: Statute Barred Account - Numbered - XXXXXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:"

I would also point out that the OFT say under their Debt Collection Guidance on Statute Barred debt, that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully




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